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B&M Morley Smart Parking "fine"
Grimpeeper666
Posts: 13 Forumite
Hi all,
I couldn't find this on the newbie parking thread. Bit annoyed, The driver always pays for parking, The driver did pay for a ticket (they have the receipt) but apparently they underpaid for it (they are 100% sure they paid for 2 hours, the machines are new, and signage possibly was different!) anyway, the driver was there 10 minutes later than they should have been even if they did pay for 2 hours >.<
Smart Parking "run" the car park anyway, they've given the keeper a £60 fine plus £10 admin fee, otherwise £100 in 14 days.
It might have been a mistake on the drivers part, and usually the driver can look into these things, but the driver is paranoid they'll take them to court!
Can the keeper just ignore the letter? how can the keeper fight it? does the keeper need to speak to the B&M Manager?
Regards
Grim
I couldn't find this on the newbie parking thread. Bit annoyed, The driver always pays for parking, The driver did pay for a ticket (they have the receipt) but apparently they underpaid for it (they are 100% sure they paid for 2 hours, the machines are new, and signage possibly was different!) anyway, the driver was there 10 minutes later than they should have been even if they did pay for 2 hours >.<
Smart Parking "run" the car park anyway, they've given the keeper a £60 fine plus £10 admin fee, otherwise £100 in 14 days.
It might have been a mistake on the drivers part, and usually the driver can look into these things, but the driver is paranoid they'll take them to court!
Can the keeper just ignore the letter? how can the keeper fight it? does the keeper need to speak to the B&M Manager?
Regards
Grim
0
Comments
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only a fool would IGNORE it , so I assume that is not yourself ? loll
yes try to get the manager or landholder to get it cancelled
follow the BPA adsvice in the newbies sticky thread, same as everyone else does , the blue text appeal is already there for you to put to not so SMART parking
as far as the newbies thread goes, its the same advice for everyone , so yours is no different , because it doesnt cover individual cases , what happened is irrelevant
they just want to trap people and then charge large wads of cash , so all "victims" like yourself fall into the same category0 -
Have another look at the newbies thread.
On about the fourth line in it says: FORGET THE DETAIL, THESE CASES ARE ALL THE SAME.
There is nothing in there suggesting you ignore it either.0 -
the OP may as well have said thisAs KEEPER I have received an NTK from Smart Parking for an overstay by THE DRIVER of my vehicle by 10 minutes in a private car park in England (or Wales)
having read the NEWBIES sticky thread it is clear that circumstances are irrelevant , but not so SMART have failed both parts of entry time and exit time of clause #13 of the BPA CoP on GRACE PERIODS and want to charge me as keeper between £60 and £100 for the privilege
Clearly this is a BPA CoP breach and I will use the blue text template and appeal to SMART adding an extra paragraph that they have failed to apply the BPA CoP clause #13 on Grace periods
Due to issues like POFA2012 from 5 years ago and the BARRY BEAVIS case from 2 years ago I know I would be foolish to IGNORE this NTK
If they fail to cancel it I will read post #3 of the NEWBIES sticky thread and appeal to POPLA with a suitably worded appeal as seen in dozens of other threads on here (like the FISTRAL BEACH ones in Newquay)0 -
right, cool. Plan of attack is to go to the store and speak to the store manager. Thanks guys we do shop there often!0
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Grimpeeper666 wrote: »right, cool. Plan of attack is to go to the store and speak to the store manager. Thanks guys we do shop there often!
'The driver did...', 'the keeper received...'.0 -
okay, sounds stupid but what do you mean by:
'The driver did...', 'the keeper received...'.
Never did do well at English GCSE!0 -
Grimpeeper666 wrote: »okay, sounds stupid but what do you mean by:
'The driver did...', 'the keeper received...'.
Never did do well at English GCSE!
I did this, I did that, I did the other, ....... I just ruined my chance of avoiding this via No Keeper Liability.
11+ stuff!Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
read this below, then see what was changedGrimpeeper666 wrote: »Hi all,
I couldn't find this on the newbie parking thread. Bit annoyed, The driver always pays for parking, The driver did pay for a ticket (they have the receipt) but apparently they underpaid for it (they are 100% sure they paid for 2 hours, the machines are new, and signage possibly was different!) anyway, the driver was there 10 minutes later than they should have been even if they did pay for 2 hours >.<
Smart Parking "run" the car park anyway, they've given the me the keeper a £60 fine plus £10 admin fee, otherwise £100 in 14 days.
It might have been a mistake on the drivers part, and usually I can look into these things, but I paranoid they'll take me to court! ARGH
do I just ignore the letter? how can I fight it? do I speak to the B&M Manager?
Regards
Grim
in simple terms, you remove any instances of the words "ME , MYSELF and I" as redx (not I) said earlier
IF IN DOUBT , NEVER use any of those words on here or in your appeal etc
you are the keeper, the person driving the vehicle was the driver , so it stays that way in any convo or letters etc0 -
ah gotcha. thank you0
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so the driver has spoken to the B&M Store which has said it can do nothing for the fine. The manager did point out that Peel Estates Morley owns the land. The driver then spoke to them on the phone, they advised there's nothing they can do as it is sub-let to the Smart Parking company. The driver has now appealed on the Smart Parking website but needs to do this via POPLA too. so that is next...0
This discussion has been closed.
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